The Independent National Electoral Commission (INEC) has urged the Court of Appeal in Abuja to halt enforcement of a Federal High Court judgment ordering the deregistration of the African Democratic Congress (ADC) and four other political parties.
The electoral body also expressed support for the appeal filed by the affected parties, arguing that the lower court’s decision should not take effect pending the determination of the appeal.
During proceedings on Tuesday, counsel to INEC, Haliru Mohammed, told a three-member panel of the appellate court that the commission was surprised by the delivery of the judgment by Justice Peter Lifu of the Federal High Court despite an earlier order of the Court of Appeal restraining the lower court from delivering its verdict.
According to INEC, the commission was not formally notified that the judgment would be delivered and only became aware of the ruling through media reports.
Mohammed informed the court that the commission did not oppose the application seeking a stay of execution of the judgment, noting that the appellate court had previously ordered that the judgment should not be delivered pending the resolution of issues before it.
Counsel to the ADC, Shuaibu Aruwa (SAN), also faulted the conduct of the trial judge, alleging that the party received notice of the judgment through a WhatsApp message. He described the situation as a challenge to the authority of the Court of Appeal and urged the appellate court to take steps to protect the integrity of the judicial process.
Aruwa argued that the lower court’s decision, delivered despite the appellate court’s directive, could create confusion and undermine public confidence in the judiciary.
Lawyers representing the affected political parties further warned that allowing the judgment to stand could disrupt preparations for upcoming by-elections scheduled to be conducted by INEC in six states on June 20. They maintained that the Court of Appeal possesses supervisory powers to ensure compliance with its orders and prevent actions capable of creating uncertainty in the electoral process.
The appellate court continued hearing submissions from the parties and is expected to rule on the applications.
Justice Lifu had ordered the deregistration of the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), holding that the parties failed to meet constitutional requirements necessary to retain their registration.
The court also barred INEC from recognising the parties, accepting candidates nominated by them, or allowing them to participate in the 2027 general elections. In addition, the affected parties were directed to cease presenting themselves as registered political parties.
The judgment followed a suit filed by the National Forum of Former Legislators (NFFL), which argued that the parties failed to satisfy the electoral performance benchmarks outlined in Section 225A of the 1999 Constitution, as amended, and reinforced by the Electoral Act 2022.
The group contended that the parties had failed to secure the required electoral thresholds, including winning at least 25 per cent of votes in a state during a presidential election or obtaining elective positions at the national, state, or local government levels.
According to the plaintiffs, the parties’ performance in the 2023 general elections and subsequent by-elections fell short of the constitutional standards required for continued registration.
The Court of Appeal is expected to determine whether the judgment should be suspended pending the outcome of the substantive appeal.
